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The U.S. Supreme Court has told the 6th U.S. Circuit Court of Appeals to reconsider whether Michigan high schools discriminated against female athletes by scheduling their basketball and volleyball seasons during nontraditional times of the year. Michigan High School Athletic Association v. Communities for Equity, No. 04-1021. The justices set aside the lower court’s ruling that the scheduling was a violation of the U.S. Constitution’s equal protection clause and its order that the Michigan High School Athletic Association revamp its scheduling so that girls’ teams, like boys’ teams, play during their typical sport seasons. The 6th Circuit was told to take a second look at the case in light of the justices’ recent ruling in Rancho Palos Verdes v. Abrams, 125 S. Ct. 1453, which bars certain lawsuits when a different portion of federal law provides a remedy. No release of audiotapes The justices ended their oral argument calendar for the current term on April 27, and there hasn’t been one quick release of the audiotapes of any of their oral arguments. Releasing argument tapes immediately for public use, instead of the usually months-long lag time, was an innovation launched at the time of the Florida election cases in 2000. Though greeted with enthusiasm, the innovation has fallen into disuse. Only C-SPAN sought release of argument tapes, and that only twice: for Roper v. Simmons, 125 S. Ct. 1183, the death penalty case argued on Oct. 13; and for Van Orden v. Perry, No. 03-1500, and McCreary County v. ACLU of Kentucky, No. 03-1693, the two Ten Commandments cases argued on March 2. Both requests were denied in letters saying that the court had determined that the “heightened public interest” that preceded tape releases in the past “has not been demonstrated.” Campus recruiting issue The justices have agreed to review a 3d U.S. Circuit Court of Appeals opinion that permitted public law schools to ban military recruiters from campus on the ground that the military’s policy toward gays and lesbians violated the campuswide anti-discrimination policy. In reversing a New Jersey court, the 3d Circuit found that the law schools were entitled to a preliminary injunction against the government’s enforcement of the Solomon Amendment, which ties Department of Defense funding to military recruiters being allowed on campus. Rumsfeld v. Forum for Academic Rights, No. 04-1152. -ALM, AP

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